In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

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2010 Articles

ADR and international trade conventions By Thomas D. Cavenagh June 2010 ADR processes are desirable in international agreements as they encourage party participation, eliminate some of the rule-driven formality of litigation and focus more heavily on negotiated outcomes.
Case briefs By Whitney Rhew December 2010 Summaries of recent cases affecting ADR practitioners.
Case briefs By Ivana Miljic October 2010 Summaries of recent cases affecting ADR practitioners.
Case briefs By Sidra Hamidi April 2010 Recent cases related to alternative dispute resolution.
Case briefs By Nicholas Pavlopoulos February 2010 Summaries of current ADR cases.
Case summaries By Nicholas Pavlopoulos May 2010 Recent cases related to alternative dispute resolution.
Cases By Nicholas Pavlopoulos June 2010 Recent cases related to ADR.
The CEDAW debate By Mark E. Wojcik December 2010 The question of whether the ISBA should support ratification of CEDAW (Convention on the Elimination of Discrimination Against Women) is slated to come before the ISBA Assembly on Saturday morning, December 11, 2010. The proceedings are open to all ISBA members and other members of the public.
A comment on “gross error” By Jon Gilbert May 2010 A case decided two years ago by the Illinois Supreme Court may do away with the doctrine of "manifest disregard of the law" as a basis for challenging an award.
Dissolution of mandatory credit card arbitration clauses signals need for arbitration reform By Sidra Hamidi February 2010 One of the primary uses of arbitration is seen in the settlement of consumer credit card disputes. However, mandatory arbitration clauses in credit card agreements have continually sparked the ire of both consumers and advocates of consumer rights.
Does §1782 allow for discovery in international arbitrations? The renewed debate and the Northern District’s response in In re Arbitration in London, England between Norfolk Southern Corp., Norfolk Southern Ry. Co., and General Sec. Ins. Co., and Bermuda, By Amy D. Mitchell February 2010 With the steady increase in transnational business activity, international arbitration is becoming the method of choice for resolving cross-border disputes. For that reason, the question of whether private international arbitral panels are “foreign or international tribunals” within the scope of Section 1782 is more significant than ever. The answer to this question could change the nature of international arbitration.
Eighth Circuit weighs in on circuit split over proper venue for appeal from denial of motion to compel arbitration in patent case By John R. Schleppenbach February 2010 The Federal Arbitration Act provides that an order denying a motion to compel arbitration is immediately appealable. It does not, however, specify which court or courts possess jurisdiction over such an appeal.
Foreclosure growth fuels mediation growth in Illinois By Whitney Rhew October 2010 As of August 1, 2010, lenders must now attend mediation with the homeowner and a third-party neutral before proceeding with foreclosure in Will County.
From the Editor By Thomas D. Cavenagh October 2010 An introduction to the issue from Editor Tom Cavenagh.
Happenings By Whitney Rhew December 2010 Mediation updates from around the country.
Happenings By Ivana Miljic October 2010 Mediation updates from around the country.
Happenings By Sidra Hamidi June 2010 What's new in ADR.
Happenings By Sidra Hamidi May 2010 What's new in ADR.
Happenings By Sidra Hamidi April 2010 What's new in ADR.
Happenings By Kate Oscarson February 2010 What's new in mediation.
International arbitration By Kate Oscarson June 2010 ADR updates from around the world.
International arbitration news By Kate Oscarson April 2010 ADR updates from around the world.
International happenings By Kate Oscarson May 2010 ADR developments around the world.
Kahn v. BDO Seidman, LLP: Plaintiffs’ claims not subject to arbitration clause By Joshua Bailey December 2010 Can an accounting firm realistically help individuals “structure transactions” to obtain beneficial tax results without, by implication, providing “investment advice?”
Knowing your limits By Robert E. Wells, Jr. May 2010 A fictional scenario highlighting medical ethics issues.
NFL’s labor fight predicted to be expensive By Margaret Nunne December 2010 If the owners and the NFL Players Association are unable to come to an agreement, it would mean the first work stoppage since 1987.
Ninth Circuit removes potential barrier to federal jurisdiction over Motions to Compel Arbitration By John R. Schleppenbach June 2010 While the existence of federal jurisdiction over a motion to compel arbitration remains far from certain,the recently decided case of Geographic Expeditions v. Estate of Lhotka makes it somewhat more attainable.
Officers’ Column By Jon Gilbert, Scott Carfello, & Kate Duncan April 2010 A description of several important issues currently facing the ADR section.
Preparation: The art of identifying parties-in-interest and potential conflicts By Robert E. Wells, Jr. April 2010 A fictional conversation highlighting common mediation dilemmas.
Profiling professionals in the field: Jon Gilbert By Laurel White May 2010 Get to know attorney Jon Gilbert.